Patented Claims

[B H Prospector]

Here is one for the legal eagles in Tnet. If a placer claim was patented in the 1930's during the depression, and WWII comes along and mining ceases for the duration, and the owners do not return after the war does the land title revert back to the government or could it be picked up for taxes?

 

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[Clay Diggins]

A patent transfers ownership from the United States to the patentee. When that happens it is no longer a mining claim it is private property.

It can't "revert back". If it could you and all your neighbors would be in danger because your houses, roads, farms and stores are all built on patented land.

Mining didn't cease during the war it actually increased to provide minerals for the war.

Heavy Pans

 

[KevinInColorado]

Patented land, just like other private land becomes the property of the county if property taxes go unpaid. Happens a lot(?) to old patented claims when grandpa dies and no heir realizes the value of that little hunk of land in the woods.

 

[Hoser John]

Auctioned off for unpaid taxes and the highest bidder gets it. A associate in trinity county is about to lose his place as 17 years not paid taxes, no building permits and fines etc etc etc sic sic sic sad mess-some jailhouse legal eagle convinced him to become soverign entity....John

 

[Goldwasher]

Not paying property taxes and getting required permits for building is akin to asking for your property to be taken from you..........

 

[winners58]

you would have to go to the county and do a title search or property tax search, it will give the owner and tax status and such

 

[Assembler]

Hello
The following may shed some insight on the topic:

The Act of March 3, 1925 (43 Stat. 1144; 43 U.S.C. sec. 51; Manual, Appendix I), necessitated a detailed revision of the regulations governing the administration of mineral surveys, but the field surveying operations remained fixed.

PM me for more details.

 

[Clay Diggins]

You can't revert land "back to patent". Legally Patents are only transferred by succession or assignment. Without an unbroken chain of sequential successions and assignments there is no Patent in evidence.

A partial assignment of limited rights to use portions of a patent are accomplished by deed or title. A warranty deed is a form of private insurance, so is a Torrens title transfer.

Please don't drink the magic potion, it is poison. A lot of people have gone to jail for making their own "patents".

Heavy Pans

 

[Assembler]

Here is one for the legal eagles in Tnet. If a placer claim was patented in the 1930's during the depression, and WWII comes along and mining ceases for the duration, and the owners do not return after the war does the land title revert back to the government or could it be picked up for taxes?

Just exactly what do the "Papers" say?

 

[B H Prospector]

I am not trying to make my own patent. I recently found out a claim I have was patented in the 30's. I am simply trying to find out if the patent could be picked up for back taxes or if there is a possibility of it being so. If not then I see no reason to pursue the issue. If it is possible then I will look in to it deeper. Sorry fellas but I seem to be getting conflicting answers from you Clay. First it sounds like I could get it for taxes and then in your second post it sound like no. Please clarify if you could please. I understand for the most part how patents work just not what happens if the patentee leaves it. Thanks for all your help and responses. If you have anything else helpful let me know.

 

[winners58]

sorry could be some of Clays second post was a comment on my post that I edited
about a guy tring to tie the 1/4 acre his mobile home sat on to the old patent.

the patent wouldn't matter as it becomes private property and the title is bought and sold
or possibly after the state got it for tax's it was exchanged and became federal lands again

to your question if your claim is an unpatented mining claim it must have gone back to public domain land.
a lot of history in the Black hills over land ownership

you can go here and search for the lands history, patent documents
the survey documents would tell you if there was a contest or when it was reconnected to the US.
https://glorecords.blm.gov/search/default.aspx#searchTabIndex=0&searchByTypeIndex=0
look in the related documents to your location

a lot of FS land exchanges
example of what you may find;

 

[Assembler]

Just exactly what do the "Papers" say?

Just asking if you have seen any "Papers" of the 1930's time frame and what the wording is?

 

[B H Prospector]

Just asking if you have seen any "Papers" of the 1930's time frame and what the wording is?

I have not seen any papers yet as I have just started to look into this. I think I will look deeper into it. I know there have been many land swaps between the state and forest service over the last 30 years in recent history and I'm sure there are others from long ago.

Winners58 thank you so much for the link. I believe it will be very helpful. Thank you everyone who responded and helped. I will keep you posted as to what I find out.

Thank you all

 

[Clay Diggins]

B H you can get a copy of any mineral patent directly from the Land Matters Mining Claim Maps.

Here's how:

• Zoom in to your area of interest.
• Under the "Mining History" layer group you will see a map layer titled "Mineral Patents". Check the box next to "Mineral Patents".
• Choose the tool to go into information mode and click on the map where you think the patent is located.
  [*]In the information window that pops up you will see a table of Mineral Patents. In that table there will be links to download the patent itself and a link to the serial register page at the BLM so you can see the current federal status of the patent.
  

As far as we, or the government, can tell all the mineral patents are available from the map. Some of the photocopies of the actual patent and survey may be listed as unavailable but if you read the instructions on the Mining Claims Maps --> Mining History tab there are instructions on how you can get a raw photocopy while you are still in that same browser window.

Just a few clicks and you can have a copy of the patent and survey for any of the 100s of thousands of mineral patents. Pretty nifty huh? And there more aids for your research to come soon.

Heavy Pans

 

[Assembler]

I have not seen any papers yet as I have just started to look into this. I think I will look deeper into it. I know there have been many land swaps between the state and forest service over the last 30 years in recent history and I'm sure there are others from long ago.

Winners58 thank you so much for the link. I believe it will be very helpful. Thank you everyone who responded and helped. I will keep you posted as to what I find out.

Thank you all

Let us know if you get to look at the "Papers" from the 1930's. How many sets or types of numbers are there on the "Papers" may be something to look at? What types of "Surveys" were taken? Thanks.

 

[B H Prospector]

Again thanks to everyone who contributed to my post. Now it is time to start a different kind of digging. I hope it doesn't require classifying. I hate classifying!

 

[Goldwasher]

uh... if your claim is on land that was patented, then your claim isn't a claim.. you can't locate a claim on a patent.

or are you saying someone started to patent the claim in the '30's and never followed through.

it's either private or public.

 

[Assembler]

uh... if your claim is on land that was patented, then your claim isn't a claim.. you can't locate a claim on a patent.

or are you saying someone started to patent the claim in the '30's and never followed through.

it's either private or public.

This is one reason why this one asked just exactly what the wording on the "Papers" is.
Just a possibility that the "First papers" where walked away from or the family did nothing more if this is the case? What types of "Survey" is listed on the "Papers" by number?

 

[Assembler]

This is one reason why this one asked just exactly what the wording on the "Papers" is.
Just a possibility that the "First papers" where walked away from or the family did nothing more if this is the case? What types of "Survey" is listed on the "Papers" by number?

Should not be to hard to at least find out the type of "Survey"?

 

[B H Prospector]

uh... if your claim is on land that was patented, then your claim isn't a claim.. you can't locate a claim on a patent.

or are you saying someone started to patent the claim in the '30's and never followed through.

it's either private or public.

This is why I was asking. The state had the School of Mines do a survey of all the claims and patents in the Black Hills in the 30's. The ground I have a claim on is listed as a patented claim. However over the past 30 or 40 years there have been several claims filed and dropped on this ground. I do know patented ground can't be claimed and that is what makes this interesting to me. If all I have is a placer claim I'm good with that. It is a good claim. I just want to know so I will start the dig.

Thanks again